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Tolbert v. Toole

The defendant was not entitled to habeas relief based on an unresolved pretrial pro se notice of appeal, as the record did not show that he was not represented by counsel on the date he filed it.

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In 2009, a jury found David Tolbert guilty of armed robbery and other crimes, and he was sentenced to life in prison. The Court of Appeals affirmed his convictions on direct appeal. See Tolbert v. State, 313 Ga. App. 46 720 SE2d 244 2011. Tolbert then filed a petition for habeas corpus alleging, among other things, that his pro se notice of appeal from the trial court’s pretrial oral ruling denying his motion for discharge and acquittal had never been resolved and therefore deprived the court of jurisdiction to try him, rendering his resulting judgments of conviction void. The habeas court denied the petition.

This Court granted Tolbert’s application to appeal to consider whether the habeas court erred in ruling that Tolbert had procedurally defaulted his jurisdictional claim based on the pretrial, pro se notice of appeal. We conclude that the habeas court’s procedural default ruling was erroneous, but we also conclude that the record on appeal does not support Tolbert’s jurisdictional claim. Accordingly, we affirm the denial of habeas relief under the right-for-any-reason doctrine. See Bunn v. State, 291 Ga. 183, 193 728 SE2d 569 2012.

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